RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 September 2005
DOCKET NUMBER: AR20040010604
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. G. E. Vandenberg | |Analyst |
The following members, a quorum, were present:
| |Mr. John N. Slone | |Chairperson |
| |Mr. Eric N. Anderson | |Member |
| |Ms. Carol A. Kornhoff | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his DD Form 214 (Report of
Transfer or Discharge) be corrected to list his total period of military
service in the Regular Army and in the Maryland Army National Guard
(MDARNG).
2. The applicant states, in effect, that his total period of service is
not properly documented thereby causing problems with the Social Security
Administration (SSA) and Department of Veterans Affairs (VA).
3. The applicant provides copies of a 13 April 1961 NGB Form 22 (Report of
Separation and Record of Service), a MDARNG Honorable Discharge
certificate, and a 13 April 1964 DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 13 April 1964, the date of his release from active duty. The
application submitted in this case is dated 12 November 2004.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice. This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant enlisted in the Maryland Army National Guard on 4 August
1960.
4. A DD Form 220 (Active Duty Report) shows that the applicant reported
for his initial active duty for training (IADT) on 27 August 1960.
5. The applicant completed training and was awarded the military
occupational specialty (MOS) 111.00 (Rifleman).
6. A 14 April 1961 DD Form 4 (Enlistment Record) shows that the applicant
enlisted in the MDARNG on 4 August 1960, entered IADT on 27 August 1960 and
was released from IADT on 25 February 1961 (5 months and 29 days). This
form indicates that a DD Form 214 was used to verify this information;
however, the available record does not contain a copy of a 1961 DD Form
214.
7. An NGB Form 22 shows he had served in the MDARNG for 8 months and
8 days and was honorably discharged on 13 April 1961 to enlist in the
Regular Army.
8. The applicant entered active duty on 14 April 1961, completed training,
and was awarded the MOS 710.00 (General Clerk). He subsequently crossed
trained and served in the MOS 715.10 (Medical Records Clerk).
9. The applicant was honorably released from active duty and transferred
to the Army Reserve (USAR) on 13 April 1964. His DD Form 214 indicates he
had served on active duty for 3 years. The form indicates he had 5 months
and 29 days of other service for a total of 3 years, 5 months, and 29 days
of creditable active service.
10. The applicant was honorably discharged from the USAR on 31 July 1966.
11. Army Regulation 635-5 (Separation Documents), then in effect,
indicated that the entry at item 24a(2), Other Service, includes all
periods of service for pay purposes to include any period served in the
USAR or ARNGUS as a reservist not on active duty. The entry at item 24b is
calculated as the total period of service less any time lost and period as
a reservist not on active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's reported problems with the SSA and VA stem from what
would appear to be conflicting periods of service that are in fact only
different denotations of the same periods of service.
2. The applicant entered the MDARNG on 4 August 1960. He served on IADT
as a member of the MDARNG from 27 August 1960 through 25 February 1961, a
total of 183 days, before being released back to the MDARNG. However,
using the standard military method of calculating service periods as 30-day
months, this period is calculated as 5 months and 29 days of active duty.
3. The applicant continued to serve in the MDARNG for the additional
period of 26 February 1961 through 13 April 1961 (47 days) before enlisting
in the Regular Army.
4. Since the applicant remained an official member of the MDARNG during
his period of IADT, the NG Form 22 correctly lists his period of service as
8 months and 8 days.
5. At the time of the applicant's Regular Army tour, the DD Form 214 item
24a was to include any service as a reservist not on active duty.
Therefore, the applicant's DD Form 214 is incorrect and item 24a(2) should
be corrected to show 8 months and 8 days of other service and item 24a(3)
to 3 years, 8 months and 8 days.
6. The entry at item 24b correctly lists his "Total Active Service" as 3
years, 5 months, and 29 days.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__CAK__ __JNS___ __ENA__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file. As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing at item 24a(2)
8 months and 8 days and at item 24a(3) 3 years, 8 months, and 8 days.
2. The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief. As a result,
the Board recommends denial of so much of the application that pertains to
a correction of the entry at item 24b (Total Active Service).
__ John N. Slone_____________
CHAIRPERSON
INDEX
|CASE ID |AR20040010602 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050915 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |Grant |
|REVIEW AUTHORITY | |
|ISSUES 1. |100. period of service |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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